Legal Question in Wills and Trusts in Louisiana

Can the administrator of a father's succession (a daughter) take ANY property for personal gain without the other two children being involved?


Asked on 1/17/10, 4:37 pm

2 Answers from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

If the will specifically leaves that property to the administrator, then yes. However, if an administrator is involved in what is called "self dealing", they can be removed and be compelled to pay restitution to the estate.

An administrator has a duty to wind up the estate and put the heirs (all heirs) in possession of the estate property as soon as is practicable. The administrator also has a duty to see that the assets of the estate are protected and then distributed acording to the will and in the best interests of all the heirs. If an administrator takes actions that give the administrator preferential treatment over other heirs or some unfair advantage, they can and should be removed.

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Answered on 1/22/10, 5:04 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

No.

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Answered on 1/23/10, 1:25 pm


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